B-156664, OCT. 4, 1967
Highlights
CARRIER WHO CLAIMS PAYMENT OF TRANSPORTATION CHARGES ON BASIS THAT SHIPMENT WAS NOT A TOTAL LOSS AS EVIDENCED BY CHECK MARKS ON SHIPPING DOCUMENT INDICATING SOME ITEMS WERE SALVAGED MAY NOT HAVE CLAIM ALLOWED SINCE RECORD DOES NOT INDICATE THAT ANY ITEMS WERE SALVAGED AND COMPARISON OF CROSS-MARKED ITEMS ON INVENTORY WITH CONSIGNEE'S CLAIM SHOWS CONSIGNEE CLAIMED FULL VALUE FOR ALL CHECKED ITEMS. IN SUPPORT OF YOUR REQUEST FOR FURTHER CONSIDERATION OF YOUR CLAIM FOR PAYMENT OF THE TRANSPORTATION CHARGES YOU ALLEGE THAT THE SHIPMENT WAS NOT A TOTAL LOSS. " WERE SALVAGED. THE CROSS-MARKS ARE PLACED IN COLUMN HEADED "EXCEPTIONS (IF ANY) AT DESTINATION.'. THERE IS NO EXPLANATION ON THE DOCUMENT ITSELF OF THE CROSS -MARK.
B-156664, OCT. 4, 1967
PROPERTY - PRIVATE - DAMAGE, LOSS, ETC. IN TRANSIT - CARRIER PAYMENT PROPRIETY DECISION TO LYON VAN AND STORAGE CO. FOR TRANSPORTATION CHARGES ON SHIPMENT OF AIR FORCE MEMBER'S EFFECTS FROM ROSAS, SPAIN TO KIRTLAND AIR FORCE BASE, ALBUQUERQUE, NEW MEXICO. CARRIER WHO CLAIMS PAYMENT OF TRANSPORTATION CHARGES ON BASIS THAT SHIPMENT WAS NOT A TOTAL LOSS AS EVIDENCED BY CHECK MARKS ON SHIPPING DOCUMENT INDICATING SOME ITEMS WERE SALVAGED MAY NOT HAVE CLAIM ALLOWED SINCE RECORD DOES NOT INDICATE THAT ANY ITEMS WERE SALVAGED AND COMPARISON OF CROSS-MARKED ITEMS ON INVENTORY WITH CONSIGNEE'S CLAIM SHOWS CONSIGNEE CLAIMED FULL VALUE FOR ALL CHECKED ITEMS.
TO LYON VAN AND STORAGE COMPANY:
IN YOUR LETTER OF APRIL 11, 1967, YOU REQUEST FURTHER CONSIDERATION OF OUR DISALLOWANCE OF YOUR CLAIM UNDER BILL NO. L-104, IN THE AMOUNT OF $1,308.72 FOR TRANSPORTATION CHARGES ON A SHIPMENT OF HOUSEHOLD GOODS BELONGING TO T/SGT. ELWOOD WALKER, FROM ROSAS, SPAIN, TO KIRTLAND AIR FORCE BASE, ALBUQUERQUE, NEW MEXICO, UNDER GOVERNMENT BILL OF LADING NO. B -2805020 DATED JULY 17, 1964.
IN SUPPORT OF YOUR REQUEST FOR FURTHER CONSIDERATION OF YOUR CLAIM FOR PAYMENT OF THE TRANSPORTATION CHARGES YOU ALLEGE THAT THE SHIPMENT WAS NOT A TOTAL LOSS, BUT THAT CERTAIN ITEMS INDICATED BY CROSS-MARKS ON A COPY OF A DOCUMENT ENTITLED "HOUSEHOLD (SIC) GOODS DESCRIPTIVE INVENTORY," WERE SALVAGED.
THE CROSS-MARKS ARE PLACED IN COLUMN HEADED "EXCEPTIONS (IF ANY) AT DESTINATION.' THERE IS NO EXPLANATION ON THE DOCUMENT ITSELF OF THE CROSS -MARK. AT THE BOTTOM OF THE INVENTORY UNDER ,REMARKS/EXCEPTIONS" IS THE STATEMENT THAT: "THE SHIPMENT IS APPARENTLY A COMPLETE LOSS.'
ASIDE FROM YOUR SELF-SERVING AND UNSUPPORTED EXPLANATION OF THE CROSS- MARKS, THERE IS NO EVIDENCE IN THE RECORD HERE THAT ANY OF THE ITEMS OF HOUSEHOLD GOODS WERE EITHER SALVAGED OR SALVAGEABLE AND A COMPARISON OF THE CROSS-MARKED ITEMS ON THE INVENTORY WITH THE CONSIGNEE'S CLAIM FOR DAMAGE SHOWS THAT CONSIGNEE CLAIMED FULL VALUE OF ALL SUCH ITEMS, FURTHER INDICATING THAT THE ITEMS WERE A COMPLETE LOSS. NOTHING HAS BEEN PRESENTED, THEREFORE, WHICH WOULD WARRANT ALLOWANCE OF ANY PART OF YOUR CLAIM. ACCORDINGLY, AND ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.
HOWEVER, IF YOU FURNISH COMPETENT EVIDENCE, POSSIBLY IN THE FORM OF A STATEMENT OVER THE SIGNATURE OF THE OWNER OF THE GOODS THAT A PORTION OF THE EFFECTS WAS RECEIVED FROM YOUR COMPANY IN GOOD CONDITION AND WAS SALVAGED, AND THE WEIGHT OF THE SALVAGED ARTICLES, WE WILL GIVE CONSIDERATION TO ALLOWANCE OF PRO-RATA FREIGHT CHARGES ON SUCH PORTION OF THE SHIPMENT.